Substitution of Candidates | Candidacy | ELECTION LAW

Substitution of Candidates in Election Law: Political Law and Public International Law (Philippines)

In the context of Philippine election law, substitution of candidates is governed by specific provisions under the Omnibus Election Code (Batas Pambansa Blg. 881), as well as Republic Act No. 7166, Republic Act No. 9006 (Fair Election Act), Comelec resolutions, and pertinent jurisprudence. Substitution generally happens when a candidate withdraws, dies, or is disqualified, and another candidate is nominated by the same political party or coalition. The rules governing substitution are strict and specific.

I. Legal Basis

1. Omnibus Election Code (Batas Pambansa Blg. 881):

   • Section 77 governs the rules for substitution, stating that a candidate may only be substituted by someone from the same political party. The law allows substitution in cases of death, disqualification, or withdrawal of a candidate.

2. Republic Act No. 7166 (An Act Providing for Synchronized National and Local Elections and Electoral Reforms):

   • This act provides additional regulations related to elections, including timelines for substitution.

3. COMELEC Rules and Resolutions:

   • The Commission on Elections (COMELEC) issues resolutions that clarify and supplement the provisions of the law. These resolutions detail the procedural aspects and deadlines involved in candidate substitution.

II. Types of Substitution

There are three primary grounds for substitution of candidates under Philippine election laws:

1. Substitution due to Withdrawal

   • A candidate who is nominated by a political party or coalition may withdraw his or her candidacy at any time before the election.
   • The political party is then allowed to substitute the candidate provided that the substitution is made on or before the deadline prescribed by COMELEC, which is usually before the final printing of ballots.
   • Important: The substitute must be a member of the same political party, as substitution between parties or for independent candidates is not allowed.

2. Substitution due to Disqualification

   • If a candidate is disqualified after filing his or her Certificate of Candidacy (COC), the political party or coalition has the right to substitute the disqualified candidate.
   • This can occur if the disqualification is final and executory or if a court or the COMELEC itself issues a ruling disqualifying the candidate.
   • Substitution can occur even after the deadline for the printing of ballots, as long as the ruling is final.

3. Substitution due to Death

   • If a candidate dies during the campaign period, the party or coalition may substitute the deceased candidate.
   • This substitution can occur even beyond the deadline for COC filing, as long as it happens before election day.
   • The substitute candidate must still come from the same political party, and the rules are particularly lenient here to allow for unforeseen circumstances like death.

III. Conditions for Substitution

To ensure a valid substitution, the following conditions must be met:

1. Belonging to the Same Political Party:

   • The substitute candidate must belong to the same political party as the original candidate. Substitution is not allowed for independent candidates or across political parties.

2. Timely Filing of the Substitution Candidacy:

   • The substitute candidate must file the COC within the time frame set by COMELEC. As of the 2022 elections, COMELEC Resolution No. 10717 specified that substitution due to withdrawal is allowed until November 15 of the election year, while substitution due to death or disqualification may occur up to midday of election day.

3. Certificate of Nomination and Acceptance (CONA):

   • The substitute candidate must file a valid Certificate of Nomination and Acceptance (CONA) from the political party within the prescribed period, along with the required COC.

4. Conformity with Other Legal Requirements:

   • The substitute candidate must meet all other qualifications for candidacy, such as citizenship, age, residency, and compliance with election law filing requirements.

IV. Notable Jurisprudence

Several Supreme Court rulings and COMELEC resolutions have clarified the application of substitution rules:

1. Miranda vs. Abaya (2001):

   • This case upheld the substitution of a candidate by a political party where the original candidate withdrew after the deadline but before the election. The Court emphasized that substitution is a right of the political party, and as long as the substitute meets all qualifications, it is valid.

2. Sarmiento vs. COMELEC (1991):

   • In this case, the Supreme Court ruled that substitution due to disqualification of the original candidate is allowed even if it occurs after the filing deadline, as long as the disqualification becomes final and executory after the printing of the ballots.

3. COMELEC Resolution No. 10717 (2022):

   • This resolution reiterates and clarifies the deadlines for substitution, stating that substitution due to withdrawal is allowed only until November 15 of the election year, while substitution due to death or disqualification can be done up to midday of election day.

4. Poe-Llamanzares vs. COMELEC (2016):

   • While this case primarily dealt with disqualification issues, it also touched on substitution and reaffirmed the importance of deadlines and adherence to rules on qualification.

V. Special Considerations

1. Substitution of Party-List Nominees:

   • The rules on substitution for party-list representatives differ slightly. Under Republic Act No. 7941 (Party-List System Act), party-list organizations may substitute their nominees under specific conditions, such as withdrawal, incapacity, or other valid reasons.

2. Effect on Election Ballots:

   • Once the official ballots are printed, the name of the original candidate may remain on the ballot even if there is a substitution. If the original candidate is replaced after the ballots have been printed, the votes cast for the original candidate will be counted for the substitute.

3. Effect of Premature Substitution:

   • If a substitution is made prematurely, such as before a final ruling on disqualification, or if it does not comply with the conditions for substitution, it can be nullified, and the substitute candidate will not be allowed to run.

VI. Timelines for Substitution in the 2022 Elections (based on COMELEC Resolution No. 10717)

• Filing of Candidacy: October 1-8, 2021
• Substitution due to Withdrawal: Until November 15, 2021
• Substitution due to Death or Disqualification: Until midday of election day (May 9, 2022)

VII. Conclusion

The substitution of candidates is a well-regulated mechanism in Philippine election law, allowing political parties to maintain their presence in elections even when candidates withdraw, die, or are disqualified. Substitution is intended to balance the stability of political parties with the practical realities of unforeseen circumstances. The process is tightly governed by the Omnibus Election Code, Republic Act No. 7166, and various COMELEC resolutions, with strict requirements regarding deadlines, qualifications, and party affiliations to avoid abuse of the system.